| 3/26/2021 |
Case sent to collection agency on 03/26/2021 |
| 10/9/2020 |
MOTION TO LIFT BENCH WARRANT DENIED by MARK C MILLER JUDGE on 10/09/2020 (SEE ENTRY) |
| 10/9/2020 |
TC Judgment Entry Issued |
| 10/9/2020 |
Judgment This Day, October 09, 2020 This matter came on for hearing. It is the order, judgment and decree of this court that This matter came before the Court the 9th day of October, 2020 on a "Motion to Release Warrant and Give the Defendant Time Served for his Suspended Sentence" filed by counsel for the defendant. A review of the file in this case shows the defendant was convicted on January 15, 2019 of Driving Under Suspension in violation of R.C. 4510.11(A), a misdemeanor of the first degree. The defendant was sentenced sixty days in jail with fifty days suspended on the condition the defendant perform 100 hours of community service. The defendant never registered for the community service. Consequently, on June 10, 2019 a warrant was issued for his arrest to serve the previously suspended ten day sentence. According to the defendant's motion, the defendant was held in custody for 114 days which the defendant now seeks to have satisfy the sentence in this case.
It is unclear why the defendant was incarcerated. The record in the instant case is clear the defendant has yet to serve any jail term in this matter and the Hancock County Justice Center does not have a record of his incarceration. The jail sentence was suspended on the condition the defendant perform 100 hours of community service, which was never completed. Further, there is no explanation why the defendant delayed sixteen months after his release from custody to address the situation.
Upon consideration, the Court finds the motion not well taken. Accordingly, the motion is DENIED. Should the defendant desire to complete the community service, he may report to the Court's Compliance Officer by October 23, 2020 to reregister for community service. The bench warrant will be recalled at that time.
It is so ORDERED.
cc: Compliance Officer
MARK C MILLER JUDGE |
| 10/6/2020 |
Written MOTION TO LIFT BENCH WARRANT filed by DEF ATTY BY FAX on 10/06/2020 (AND GIVE DEFT TIME SERVED) |
| 6/25/2019 |
DEFTS COPY OF BW RETURNED BY POST OFFICE FROM 516 W FRONT STFINDLAY OH 45840 STATING RETURN TO SENDER NOT DELIEVERABLE AS ADDRESSED UNABLE TO FORWARD |
| 6/10/2019 |
Warrant Block Sent to BMV |
| 6/10/2019 |
BW (10 DAYS NON COMP COMM SERV) ISSUED TO HSO FOR SERVICE |
| 6/7/2019 |
NonCompliance Entry Notice Issued |
| 6/7/2019 |
Non-Compliance Bench Warrant Notice Issued |
| 6/7/2019 |
BENCH WARRANT FEE of $25.00 assessed |
| 6/7/2019 |
Non Compliance Entry - DEFENDANT FAILED TO:
REGISTER FOR OR COMPLETE COMMUNITY SERVICE
THEREFORE IT IS ORDERED THAT:
BENCH WARRANT TO BE ISSUED FOR DEFENDANTS ARREST |
| 6/3/2019 |
RECD NONCOMPLIANCE REPORT FROM LITTER LANDING. DEFT HAS FAILED TO COMPLETE COMMUNITY SERVICE. UPON REVIEW |
| 4/5/2019 |
MOTION FOR EXTENSION ON COMMUNITY SERVICE DENIED by MARK C MILLER JUDGE on 04/05/2019 (ARRESTED BY ICE) |
| 4/2/2019 |
Written MOTION FOR EXTENSION ON COMMUNITY SERVICE filed by DEFENDANT FROM JAIL on 04/02/2019 (ARRESTED BY ICE) |
| 3/4/2019 |
CANCELLED STATUS CONFERENCE for 03/25/2019 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 01/15/2019 by JUDGE ALAN D HACKENBERG |
| 3/4/2019 |
Paid $357.00 receipt# 2019407727 paid by JOSE L I GALLEGOS |
| 1/15/2019 |
Paid $50.00 receipt# 2019401904 paid by JOSE L I GALLEGOS |
| 1/15/2019 |
STATUS CONFERENCE set for 03/25/2019 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 01/15/2019 by JUDGE ALAN D HACKENBERG |
| 1/15/2019 |
Plea of GUILTY entered on 01/15/2019 |
| 1/15/2019 |
Finding of GUILTY entered for 4510.11A - DUS |
| 1/15/2019 |
Confinement Jail Time Sentenced 60 Day(s) 10 Credited 50 Suspended |
| 1/15/2019 |
The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of GUILTY to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of DUSORC/CO 4510.11A, and is sentenced as follows:1) A fine of $250.00 plus all costs 2) A jail sentence of 60 Day(s) with 50 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of $103.79 per day, and any other costs provided by statute.
3) Defendant may satisfy 10 Day(s) of Jail by performance of 100 Hours of COMMUNITY SERVICE.
4) No 6 point violations and/or DUS offenses for 1 Year(s). |
| 1/15/2019 |
Comm Serv Completion Report Notice Issued |
| 1/15/2019 |
Community Service Time Sheet Notice Issued |
| 1/15/2019 |
Community Service Referral Notice Issued |
| 11/28/2018 |
Assignment Notice Notice Issued |
| 11/28/2018 |
Plea set for 01/15/2019 at 09:30 AM in room 2 by JUDGE MARK C MILLER |
| 11/20/2018 |
PT Report Notice Issued |
| 11/20/2018 |
Recommendation: Pre-Trial held. SET FOR PLEA. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 10/18/2018 |
Assignment Notice Notice Issued |
| 10/18/2018 |
Pre-Trial continued to 11/20/2018 at 09:15 AM in room 203 by JUDGE MARK C MILLER |
| 10/16/2018 |
MOTION FOR CONTINUANCE OF PRE TRIAL GRANTED by MARK C MILLER JUDGE on 10/16/2018 (FOR GOOD CAUSE SHOWN, COUNSEL FOR DEFENDANT'S MOTION TO CONTINUE IS GRANTED. THE PRE-TRIAL SCHEDULED FOR OCTOBER 16, 2018, SHALL BE CONTINUED AND THIS MATTER SHALL BE RESET FOR A PRE-TRIAL ON: _____________. IT IS SO ORDERED. SPEEDY TRIAL TIME TOLLED PER ORC 2945.72, ET SEQ) |
| 10/16/2018 |
PT Report Notice Issued |
| 10/16/2018 |
Recommendation: Neither the Defendant nor Counsel appeared at Pre-Trial.Reset for Pre-Trial: |
| 10/15/2018 |
Written WAIVOR OF STATUTORY TIME LIMITATION filed by DEF ATTY BY FAX on 10/15/2018 |
| 10/15/2018 |
MOTION FOR CONTINUANCE OF PRE TRIAL filed by DEF ATTY BY FAX on 10/15/2018 |
| 10/15/2018 |
DEMAND FOR DISCOVERY filed by DEF ATTY BY FAX on 10/15/2018 |
| 10/15/2018 |
MOTION filed by DEF ATTY BY FAX on 10/15/2018 (REQUEST FOR NOTICE OF INTENDED EVIDENCE) |
| 10/15/2018 |
IAN A WEBER filed notice of appearance |
| 10/15/2018 |
REQUEST FOR PRETRIAL filed by DEF ATTY BY FAX on 10/15/2018 |
| 10/15/2018 |
WRITTEN PLEA OF NOT GUILTY filed by DEF ATTY BY FAX on 10/15/2018 |
| 10/15/2018 |
Written ENTRY OF APPEARANCE AS COUNSEL filed by DEF ATTY BY FAX on 10/15/2018 |
| 9/27/2018 |
Assignment Notice Notice Issued |
| 9/27/2018 |
Pre-Trial set for 10/16/2018 at 09:45 AM in room 203 by JUDGE MARK C MILLER Hearing was set on 09/27/2018 |
| 9/27/2018 |
Plea of NOT GUILTY entered on 09/27/2018 |
| 9/27/2018 |
This matter came on for consideration this day 09/27/2018. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant waived his right to counsel and entered a plea of NOT GUILTY.Further, the defendant requested this matter be set for a pre-trial conference, pursuant to criminal rule 17.1.It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued and scheduled for a pre-trial conference, and that the delay be charged against the Defendant pursuant to Revised Code 2945.72(e). |
| 9/27/2018 |
MAGISTRATE CONTINUANCE Notice Issued |
| 9/17/2018 |
Case Filed on 09/17/2018 |
| 9/17/2018 |
Arraignment set for 09/27/2018 at 08:30 AM in room 202 |